Alabama’s Cruelty Laws In Depth

This page discusses Alabama’s two sets of animal cruelty laws in greater depth, with a focus on how the laws differ. (For introductory information, including the familiarity you need for reporting cruelty, start with this introduction to cruelty laws.) The two laws are:

• § 13A-11-241 Cruelty to Dog or Cat, enacted in 2000 as the Pet Protection Act, is specific to harm or neglect of dog(s) or cat(s).
• § 13A-11-14 Cruelty to Animals, enacted in 1977, was Alabama’s first law to view harm of animals as cruelty, that is, independent of the animals’ property value. Cruelty to Animals and its felony component, 2013’s § 13A-11-14.1 Aggravated Cruelty to Animals, apply to any animal.

Each section (§) number above is linked to the statute text, which can be difficult to interpret. We suggest also reviewing the Jury Instructions, which can be easier to understand than the statute text.

Three Key Differences

There are three important differences between Alabama’s cruelty statutes: custody of surviving animals, criteria for conviction, and penalties:

1. Animal Custody differences: For situations where there are surviving dog(s) or cat(s), a crucial difference between the two sets of cruelty statutes is that only Cruelty to Dog or Cat establishes a custody procedure. A Cruelty to Dog or Cat charge ensures the animals are kept only until a judge issues a custody order, after which they could be adopted into homes. This minimizes the impact on the affected animals, on the shelter, and on the community.

In contrast, if the violation is charged only under the cruelty laws related to all animals, the surviving dog(s) or cat(s) can become victims of the legal system, held much longer than they should be. Affected animals may be held in a shelter until a judgment is issued, which can take a year or longer and often with no resolution for the substantial cost of caring for those animals. (Since the custody procedure is available for only cats and dogs, seized livestock must be held until judgement is issued.)

We often learn of hoarding cases involving large numbers of animals, resulting in a mass intake event at an already full shelter. The seized animals are living evidence that must be documented, but their interests must be considered also: the goal should always be getting the animals placed as quickly as possible. Achievement of this goal may require that you ensure officials know which laws are available for them to use.

2. Variations in Criteria for Conviction: A guilty verdict requires that the prosecution establish beyond reasonable doubt that the defendant committed an illegal act (actus reus) with the requisite mental state (mens rea). The acts, mental states, and combinations thereof are different for each of the several cruelty charges available under Alabama state law.

Typically there are at least two charges that describe an act of cruelty against a dog or cat. If the act is deemed intentional and of high severity (such as the purposeful killing of an animal in the absense of a legal cause), four different charges may be applicable. Inclusion of all possible cruelty charges from the start is important because often probable cause must be established by the witnesses alone (prior to the involvement of the district attorney’s office) based on the charge(s) listed on the Incident Report. If or when a DA steps in, a proactive DA or prosecutor will weigh multiple factors in selecting charge(s). In other cases, though, inertia can prevail, hence the advantage of listing all potential charges from the start rather than hoping that the prosecutor adds or adjusts charges later.

The consideration of all reasonably applicable charges is also important should the case reach trial. Just as the killing of a human may be charged as both manslaughter and murder, cruelty may be charged as both a misdemeanor and a felony, so that if the criteria for conviction of a felony cannot be met, a conviction is still possible on the misdemeanor charge. A range of charges increases the options available to the prosecutor and maximizes the opportunity for prosecution to the full extent of the law.

In addition to the misdemeanor-to-felony flexibility, Alabama’s cruelty statutes vary across charges of the same level: misdemeanor-to-misdemeanor and felony-to-felony. For example, some acts can more readily be prosecuted as felony (Aggravated) Cruelty to Animals than felony (First Degree) Cruelty to Dog or Cat since the latter’s felony charge specifies only acts of commission (and not acts of omission). Another difference is that while both sets of laws exempt actions taken when physical injury is occurring or is immediately threatened, the Pet Protection Act’s version of the exemption, as stated at § 13A-11-246(3), applies only if the act occurred when the animal was away from the owner’s premises. And finally, the mental state that must be proven is different for each of the four statutory charges, as seen on the chart below. These are additional reasons why it is important that more than all applicable charges be considered.

3. Variations in Penalty for Conviction: As seen in the chart, fines and imprisonment vary from misdemeanor (left two columns) to felony (right two columns), and the maximum fine for misdemeanor Dog or Cat is twice that of the misdemeanor Cruelty to Animals.

Notes about the chart: (1) Each animal affected is a separate act: e.g., abandonment of seven cats is grounds for seven counts of cruelty. (2) The listed fines and imprisonment terms are for a first offense; all offenses carry higher penalties for subsequent offenses.

Another difference sometimes considered by prosecutors is that a felony conviction under the Pet Protection Act “shall not be considered a felony for purposes of the Habitual Felony Offender Act,” as stated in § 13A-11-241.

Jury Instructions

Alabama’s Jury Instruction sheets outline the conditions that must be met for conviction. By extension, they also suggest how to establish probable cause to charge the accused person with a crime. Jury Instructions can help you determine what to report to law enforcement and to include in your statement.

Jury Instructions for Cruelty to Dog or Cat:

• § 13A-11-241(b) Second Degree (Misdemeanor)
• § 13A-11-241(a) First Degree (Felony)

Jury Instructions for Cruelty to Animals:

• § 13A-11-14 (Misdemeanor)
• § 13A-11-14.1 Aggravated (Felony)

Cruelty to Dog or Cat, first degree, includes a felony offence for cruelty that involves a fur, hide, or pelt. That version is not specifically discussed on this website. Refer to the § 13A-11-241(a) statute text and the Jury Instructions for Cruelty to Dog or Cat: Skins.